5 CCR s 80026

Cal. Admin. Code tit. 5, s 80026

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 8. COMMISSION ON TEACHER CREDENTIALING
CHAPTER 1. CREDENTIALS ISSUED UNDER THE TEACHER PREPARATION AND LICENSING
LAW OF 1970
ARTICLE 2. CREDENTIAL TYPES, AUTHORIZATIONS, AND REQUIREMENTS
This database is current through 01/26/07, Register 2007, No. 4
s 80026. Declaration of Need for Fully Qualified Educators.

Submission of a Declaration of Need for Fully Qualified Educators by the
employing agency shall be a prerequisite to the issuance of any emergency
permit and/or limited assignment permit for that agency. Charter schools
as defined in Education Code Section 47600 shall be exempt from submitting
a Declaration of Need for Fully Qualified Educators. The Declaration of
Need for Fully Qualified Educators by an employing agency shall be valid
for no more than twelve months, and shall expire on the June 30 following
its submission to the Commission, unless the employing agency has an
approved Plan to Develop Fully Qualified Educators which specifies a
period of validity longer than twelve months. The Declaration of Need for
Fully Qualified Educators shall be submitted to the Commission on a form
to be provided by the Commission, and shall include all of the following
information:
(a) Estimated Need: This shall include the title(s) and number of each
type of emergency permit and limited assignment permit which the employing
agency estimates, based on previous year actual needs and projections of
enrollment, it will need during the year covered by the Declaration. In
addition, it shall include each subject to be listed on Emergency Single
Subject and Limited Assignment Single Subject Teaching Permits and the
target language on Emergency Multiple Subject or Single Subject Teaching
Permits with a Bilingual, Crosscultural, Language and Academic Development
(BCLAD) Emphasis or on Emergency BCLAD Permits. The Declaration of Need
for Fully Qualified Educators shall be revised, when the number of
emergency permits and limited assignment permits needed exceeds the
estimate by ten percent, by the governing board or
superintendent/administrator of the employing agency, as specified in
subsection (e) below.

(b) Efforts to Recruit Certified Personnel. This shall include a brief
description of efforts that the employing agency has undertaken to locate
and recruit individuals who hold the needed credentials, such as dated
copies of written announcements of its vacancy or vacancies which were
mailed to college or university placement centers.

(c) Efforts to Establish Alternative Training Options. The Declaration
shall:

(1) identify the names of institutions of higher education
co-sponsoring internships or other certification programs with the
employing agency or, if no such programs exist, briefly explain why;

(2) if the employing agency participates in pre-internship or
internship programs, estimate the number which the employing agency
reasonably expects to employ during the year covered by the
Declaration; and

(3) indicate whether the employing agency has considered developing
a "Plan to Develop Fully Qualified Educators" in cooperation with
other education agencies in the region pursuant to Section 80026.4,
or if not, briefly explain why.

(d) Stipulation of Insufficiency of Suitable Applicants. The employing
agency shall certify that there is an insufficient number of certificated
persons who meet the employing agency's specified employment criteria to
fill necessary positions.

(e) Adoption of the Declaration. The Declaration of Need for Fully
Qualified Educators shall be adopted by the governing board of a school
district, or by the superintendent of a county office of education or by
the administrator of a state school or nonpublic, nonsectarian school or
agency.

(1) A Declaration of Need for Fully Qualified Educators by a school
district shall be adopted by the governing board in a
regularly-scheduled, public meeting of the board. The entire
Declaration of Need for Fully Qualified Educators shall be included
in the board agenda, and shall not be adopted by the board as part
of a consent calendar.

(2) A superintendent of a county office or the administrator of a
state school or nonpublic, nonsectarian school or agency shall
publicly announce his or her intent to adopt a Declaration of Need
for Fully Qualified Educators at least 72 hours prior to adopting
the Statement. The adopted Statement shall be signed by the
superintendent or administrator.

Note: Authority cited: Section 44225(q), Education Code.
Reference: Sections 44225, subdivisions (d) and (g), and 44300,
Education Code.

HISTORY

1. Repealer and new section filed 4-20-94; operative 5-20-94 (Register 94,

No. 16). For prior history, see Register 81, No. 15.

2. Amendment of subsections (a), (c), (e) and (e)(2) filed 8-8-95;
operative 9-
7-95 (Register 95, No. 32).

3. Amendment of first paragraph and subsection (c)(1), new subsection
(c)(2)
and subsection renumbering filed 11-12-99; operative 11-12-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 46).

4. Amendment of first paragraph and subsection (a) filed 6-15-2001 as an
emergency; operative 6-15-2001 (Register 2001, No. 24). A Certificate of
Compliance must be transmitted to OAL by 10-15-2001 or emergency language
will
be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-15-2001 order transmitted to OAL
10-9-2001
and filed 11-19-2001 (Register 2001, No. 47).

5 CCR s 80026, 5 CA ADC s 80026
1CAC

5 CA ADC s 80026

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